tag:www.hgtg-law.com,2013-03-21:/blog/777082018-09-30T21:20:36ZMovable Type Enterprisetag:www.hgtg-law.com,2018:/blog//77708.34558802018-09-30T21:21:36Z2018-09-30T21:20:36Z
Let us say that you are a professional truck driver and have had a commercial driver’s license for more than a decade. You are looking forward to a raise in pay, but you were recently pulled over and arrested on suspicion of operating a vehicle impaired. How will a drunk driving conviction affect your job and your CDL?

A first offense

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You were originally stopped by law enforcement for a broken tail light, then the police officer detected a whiff of alcohol on your breath and the situation quickly became more serious. Fortunately, you cooperated with the officer in that you did not refuse alcohol testing, because you could have lost your commercial driver’s license for up to a year. You tested positive for 0.03 percent blood alcohol content, which requires that as a commercial driver, you must be out of service for 24 hours. Had your BAC been 0.04 percent or above, the length of the penalty would have been one year, and for a second offense, you would have lost your CDL for life.

Job problems

Since this was a first offense, and you have worked for the same company for several years, your employer may be lenient—but what if she or he fires you? Because of the OVI mark on your record, your job hunt could be difficult. Many employers would pass you by in favor of hiring a driver with a clean record.

Insurance issues

Your OVI may also result in higher insurance premiums. The agency that carries your current policy may view you as a high-risk driver and cancel your policy. In shopping for new coverage, you may find that because of your OVI, an insurance agency will charge you three times your usual monthly premiums.

Looking forward

You may have only had one or two beers with friends before an officer stopped you for the tail light issue. Driving after imbibing any kind of alcoholic beverage is something you rarely do, and something you will not do again after discovering how close you came to losing your CDL, your job and your future as a professional driver.

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tag:www.hgtg-law.com,2018:/blog//77708.33287772018-07-02T16:31:35Z2018-07-09T14:29:00Z
Like many Ohio teens and young adults, your children love to play online games, spend time on social media and hang out with their friends. You don't find this particularly worrisome, since you taught your kids to make smart decisions regarding their activities with their peers. However, as you know, teenagers may take part in unwise behavior if it means fitting in, or they might not realize the potential ramifications of some activities.

Swatting is one such activity that may appear to be harmless, but has serious criminal penalties. You may remember an incident last December, in which a man from Wichita, Kansas, was killed after a California man called in a swatting prank. The event had long-lasting consequences, which are continuing today.

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Criminal charges for pranksters

As you may recall, the California man faces charges of making a false alarm to authorities, interference with law enforcement and involuntary manslaughter. He faces significant time in prison if he receives a conviction. Reportedly, two other young men instigated the prank after a dispute over an online game. One taunted the other and gave him a false address. After authorities received information from the Californian that the man at the Kansas residence had killed his father and was holding other family members hostage, they arrived at the address and shot him. The victim was not involved in the gaming dispute.

Talking to teens about illegal jokes

The other two men recently pleaded not guilty to their charges, which included wire fraud and conspiracy to obstruct justice. It appeared that none of the men involved realized their actions could have such tragic consequences. You might wonder how to help your children avoid similar penalties. It may help to discuss the incident with them and to stress that the prank of making a false call to authorities is a serious crime.

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tag:www.hgtg-law.com,2018:/blog//77708.32075342018-04-03T03:41:34Z2018-04-03T12:28:51Z
Your divorce is final, and you breathe a sigh of relief because you can now move forward with your life. However, life likes to throw curve balls. Unexpected changes are difficult enough but even more so after a divorce due to added complexity. You find that now your agreement no longer works for your situation. What can you do?

Fortunately, Ohio allows for post-divorce modification under certain circumstances. If you can show a substantial change that affects one of these areas, you may be able to petition the court to modify your divorce order to meet your new needs.

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Custody arrangement

Although you may have gone through battles to get your current parenting time, you may be eligible to have it changed when the following happens with either parent:

Relocation

New work schedule

Health problems that prevent the ability to care for children

Addiction, domestic violence and other dangers

A child developing a severe, long-term health condition can be another valid reason.

Support payments

Whether you pay or receive child support and/or alimony, you could potentially get the amount modified if you meet certain criteria. For example, if your income has gone down or you lost your job altogether, you may be able to apply for a lower amount to pay. Or, if your ex's income increases significantly, you might petition for a higher amount to receive. Medical issues and remarriage are also relevant factors.

Ineligible areas

Some things are usually permanent once the divorce is final, such as the division of marital property. However, if you both agree to changes, it may be possible to receive court approval.

Note that if your desire for a modification is the result of dissatisfaction with your decree, you have to file an objection or appeal instead shortly after the issuance of the decree. The involvement of error, fraud or new evidence typically requires a motion for relief from judgment.

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tag:www.hgtg-law.com,2017:/blog//77708.30507702017-12-29T23:31:33Z2017-12-29T23:30:33Z
You may have written a will or gone through exhaustive estate planning, covering all your bases. You have backup beneficiaries designated, and quite a few backup plans in case Plan A falls through.

However, one thing you may wonder about is whether your will is still valid when your heirs and beneficiaries have different names than those listed in your documents. For example, perhaps two of your female heirs got married, and your will lists their maiden names only. Moreover, maybe one of your heirs came out as transgender after you drew up the will and has undergone a legal sex and name change. Or maybe you realize you misspelled a name. Is your will still valid?

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Yes, it should be

In a nutshell: Yes, your will should still be valid. If you left your house and some assets to Jane Smith who is now Jane Jones, the house and assets still go to her. However, the process of receiving the money and assets may be just a little more complicated for her. She likely will need to show documents that identify the name change.

The same idea applies if you misspell a beneficiary's name, for example, writing "Kelley Doe" when it should have been "Kelly Doe." That said, it could present a problem in probate if there is a "Kelley Doe" in your life who wants to make a case for being the true beneficiary. In such a situation, it is best to update your will with the proper spelling. Suppose that the death has already occurred, though. If your lawyer or executor can show what your intentions were and that you often misspelled Kelly's name in other documents, there should, hopefully, not be an issue.

Intentions matter in wills, first and foremost. Names do not necessarily have to be properly spelled or even entered in full for property and assets to go to the intended heirs. That said, if your misspelling is so bad that your intent becomes unclear, it can actually be a big problem.

Bottom line: It can interfere with your peace of mind to worry about what might happen. If a name change has occurred, or a misspelling has been discovered, updating your will should be easy. It could be that there are other good reasons to update, too.

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tag:www.hgtg-law.com,2017:/blog//77708.29362232017-11-13T21:01:33Z2017-11-22T22:31:58Z
When going to a hospital here in north central Ohio for surgery or other treatment, you might experience a flurry of thoughts and emotions. You might have all kinds of hopes regarding how your treatment will go. You also may have some worries. This could include concerns about the possibility of developing an infection during your time at the hospital.]]>
The dangers of hospital infections

Patient infection risks can arise at hospitals and other healthcare facilities. Healthcare-associated infections are a significant health issue and can have considerable impacts on patients. Some such infections are difficult to treat, such as those that are antibiotic-resistant. Infections at hospitals can sometimes even pose risks of sepsis or death for patients.

How you can protect yourself

As the CDC notes on its website, there are things hospital patients can do to address concerns they have related to hospital infections. Such infection-prevention steps include:

Talking to your doctor about your concerns

Not being afraid to ask your healthcare providers questions. This could include questions on antibiotic use and what steps the providers and the hospital are taking regarding preventing infections. It also could include infection-related questions regarding surgeries, catheters or needles.

Watching out for possible infection signs. This could include fever, pain and redness.

Keeping an eye on if your healthcare providers are washing their hands, and asking them to clean if you suspect they haven't

Asking friends and family who are visiting to wash their hands before making contact with you

Hospitals have a duty to protect patients

Of course, you shouldn't have to rely solely on your own actions for infection protection at a hospital. Hospitals should be taking appropriate measures for preventing the development and spreading of infections. When hospitals and their staff fall short of the standard of care on this front, patients can be put at great risk. A medical malpractice lawsuit may be possible when such negligence at a hospital results in a patient suffering a dangerous infection.

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tag:www.hgtg-law.com,2017:/blog//77708.27270942017-08-24T22:41:34Z2017-11-16T15:07:01Z
An estate plan is the optimal way to protect your family's financial security in the long term. It creates a map for handling your estate and distributing assets after you've passed. There are many ways to set up your will and testament to plan ahead. To make sure those carefully made plans happen, you'll need to carefully choose an executor to your estate. You can choose a primary executor, a back up, or a co-executor.]]>
What is an executor?

The executor has many roles, the foremost being to carry out your wishes. While this is straightforward on the surface, it includes many steps. Executors must find assets, pay debts, taxes and funeral expenses, file with probate court, locate people named in the will and more. Generally speaking, the executor's role is to wrap up the affairs of the deceased.

What traits does an executor need?

Your choice of executor needs to be able to fulfill these tasks. The candidate needs follow-through, financial knowledge and people skills. While each estate has different levels of complexity, patience and virtue are essential. No matter what your estate is like, your executor should have the following traits:

Financial and tax knowledge

Responsible and acts with integrity

Accessible and available

Clear plans for clear succession

As with anything else in life, estate plans are never as simple as they first seem. When discussing your loved ones, your assets and your wishes, it's important to be thorough. You won't be there to answer questions or clarify intent, so you to proactively avoid confusion and drama. An experienced attorney will help you draft a plan that fits your estate, with clear documentation that will protect your wishes and give direction to your executor.

Conversations about mortality are always difficult. An estate plan is a way to take control of the situation, putting your wishes into action. While your executor will have a big job, the right estate plan will make it much easier.

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tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26856092017-07-21T10:59:24Z2017-07-21T11:40:11Z
Generally, the answer to this question is YES. Real estate closings typically can involve some of the largest dollar transactions in a person's life yet, it seems that many people avoid using lawyers in such transactions, and appear to be much more prone to use the services of lawyers in transactions involving far fewer dollars! Not only do we recommend that our clients discuss real estate transactions with their attorneys before entering into contracts to sell or buy real estate, we also recommend that they keep their attorneys involved until after the transactions are closed. Innumerable potential problems can arise, many of which will legitimately require advice or other services from a trained and licensed attorney. These can include, but certainly are not limited to the following: a problem with an easement, difficulties with tax liens, inaccurate legal descriptions, incorrectly executed documents to prior owners of the property, court orders affecting title to or the use of the property, restrictions on property use, entitlement to appliances located in the real estate, possession of window treatments, antennas and rotors, etc. And, even at closings issues can arise like inappropriate crediting of costs or expenses, improper charge backs, improper execution of documents, etc. I know I have said this before on a lot of occasions, but it seems to me that there are many people who are very quick to seek the services of a lawyer when they buy a relatively small item (like a vacuum cleaner, bicycle, used car, etc.) who are for some reason much more reluctant to consult lawyers with transactions as major as purchasing or selling a home. I think it makes good practical common sense generally for people to consult lawyers when they are contemplating engaging in real estate transactions, and through the process of acquisition and financing homes and land.]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26856272017-07-21T10:59:21Z2017-07-21T11:39:51Z
That one is a loaded question in many ways. But, usually the answer to that is a big NO! All too often, once a contract has been signed, the terms have already been legally agreed upon, and are not subject to modification unless both parties agree. In fact, many times the agreement needs to be in writing before a modification is even enforceable. Generally speaking, the best way to avoid pitfalls related to early execution of documents, is to check with your legal counsel before you sign them!]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26856812017-07-21T10:59:17Z2017-07-21T11:56:04Z
The American justice system depends upon testimony of witnesses. Most testimony is handled orally, but there are some situations in which it is done in writing.

If you have a case in which a lawyer is representing you, and you are a Plaintiff, Defendant, Movant, Respondent, etc., the odds are that you will need to be a witness in your own case. You will probably be requested to give oral testimony, which more often than not will involve you answering questions presented to you by lawyers on both sides of your case.

If you are not a party in the case, you may still be called upon to answer questions as a non-party witness, to clarify the facts for the aid of the Court. You may be called as a witness by one side or the other, or in some cases both.

If you receive a request to testify, it would be wise for you to discuss the matter with your own attorney to determine what your responsibilities, rights and obligations may be.

When you testify in a Court proceeding, you will be under oath. You are required to tell the truth. It is not appropriate for you to guess, exaggerate, or to fabricate facts that don't exist.

If you are asked a question that is not clear to you, it is generally permissible to ask for clarification. It is important that witnesses understand what is being requested.

Always remember that a person who lies while giving Court testimony may be charged with the crime of perjury, which is quite serious.

Sometimes witnesses are asked questions which are difficult, and which may lead one to anger. However, raising your voice at a lawyer or Judge in a Court proceeding, being critical of the Court or counsel, etc., is inappropriate. When testifying, you should always focus on the question and the answer, and tell the truth. If you don't know the answer, you should say so.

Many people feel that they are being asked to go above and beyond the call of duty when they receive requests to testify. Sometimes, that may be the case. However, having the ability to question witnesses is one of the hallmarks of our legal system, and often is very necessary to the orderly administration of justice in America.

Many times, acting as a witness can be a very responsible thing for an American citizen to do. If in doubt about your rights or your obligations, we suggest that you should consult your attorney.]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26856082017-07-21T10:59:14Z2017-07-21T11:39:21Z
Well, I have heard this sort of thing before. And what is interesting is that sometimes I have heard the following sorts of inconsistent statements come from the same person: "My lawyer keeps charging me to attend more and more depositions and hearings and is doing more and more work;" "My lawyer wants me to settle for less than I think I should receive." Frankly, these sorts of comments are a lot more typical than one might assume. I have seen a lot of people take unreasonable settlement positions and demand that their attorneys hold tight without "giving in" in negotiations. And, those same people act almost as if they are surprised when the lawyer is not able to settle the case on what may appear to the lawyer to be an unfair position to begin with. Then, when the lawyer has to do a lot of additional work to have the case litigated, the client is upset. A case can only settle when both sides agree, and if they don't agree, the logical outgrowth of that situation is for the case to take longer and involve a lot more work on the part of the attorneys. So, in many situations where a client would like to reduce the amount of time and money involved in litigating a case, the best way to do that may be to adopt a less demanding settlement posture. It is not my contention that people should generally settle cases for less than they are due, but I firmly believe that many cases can be settled on a "win-win" basis if both parties are reasonable and are willing to compromise fairly. That is not always the case, obviously, but it frequently is.]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26856262017-07-21T10:59:11Z2017-07-21T11:39:03Z
I will give a few observations, based on a number of years of experience. These are my opinion, and some may disagree with me.

1. "Dumping on" the other parent verbally, in writing, in emails, through third persons, etc., is hardly ever constructive. It can be very damaging when done in the presence of the child who is involved in the litigation. Not only can it skew the child's perception of both parents, but it can, and often does, have the opposite of the intended effect. I often ask clients in these sorts of proceedings how they would have felt if they had heard this kind of thing from their own parents. 2. Drugs and drinking. I don't know why, but it seems to me that excessive use of alcohol and drugs (both "legal" and "illegal") is becoming and more of a problem in custody cases. There is no excuse for a parent who is seeking custody of a child, or more parenting time, to engage in irresponsible use of substances, whether or not they are "legal" ones. If a person really expects to win more "rights" with regard to his or her child, it is axiomatic that that person should exercise substantial responsibility. 3. How involved should the parent be in the child's everyday life? People who are seeking the role of caregiver of children need to be quite involved with the children in most respects. This involves school, going to the doctor and dentist, transportation, nutrition, etc. For a parent to say that she or he doesn't even know the name of the child's teacher or coach is often indicative of a less than responsible relationship between the parent and child. It is important for a parent to prove to a court's satisfaction that he or she is fully engaged in the life of the child. 4. Why should "I" as a parent have to communicate with my ex-spouse? Why can't I just let the child arrange for parenting time? It is amazing how many times I have heard these questions and questions like them. It is a veritable "catch 22" for the child. If parents cannot even get along enough to be able to arrange plans for sporting events, turnover times, etc., what does this teach the child about how she should deal with her children's other parent in the future? Beyond that, though, how secure would a typical child feel if continually placed in between her parents? It simply is not fair to the child to be put in a position of dealing with difficult arrangements that her adult parents are not even capable of working through! If parents are not able to communicate with each other on these matters, it may be appropriate for them to consider counseling, and even to seek the aid of a court to order counseling. 5. What should people do when they have questions about child custody? One of the first things I think people should do in most of those instances is make an appointment with a lawyer to consider the questions. While the Child Support Enforcement Agency, the Children Services folks, school authorities, and others may be able to provide some help, none of those sorts of entities is an appropriate source of legal advice for moms and dads who are engaged in these sorts of problems. Even if one or more of these agencies may be involved, it is still important for parents to understand their rights and obligations, so it is often wise to consult with counsel in such matters.]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26856242017-07-21T10:59:08Z2017-07-21T11:38:41Z
My personal feeling is that the opposite is pretty much accurate in most situations! Probate is often very good. The probate courts in Ohio have varied jurisdiction, and that includes matters involving adoptions, guardianships, decedents' estates, filing of wills, etc. But there seems to be a lot of hub-bub these days about people wanting to "avoid probate." Generally, if a spouse dies leaving another spouse to whom she or he wants everything to go at death, there are a number of ways that transfers often can be accomplished without property going "through" probate. This may involve using "transfer on death" devices, setting up accounts with "payable on death" beneficiaries, etc. But, especially in situations where things are unclear, where there is not a surviving spouse or where there is neither a surviving spouse nor surviving children, having property go "through" probate can be a great benefit. When property goes through probate, it needs to be valued and inventoried, it needs to be passed according to a will or statutory provisions, and the process is overseen by a court. This overseeing role is of great benefit in helping to normalize transfers, and render them legally appropriate. In other words, having the benefit of a probate court can be a wonderful thing from the standpoint of ensuring that things are more appropriately and more fairly handled. Is it always necessary in every case? Clearly it is not always necessary in every case, but in situations where people have questions about the best way to proceed, it is appropriate to bring them up with their attorneys. Planning for death may not be a fun thing, but it is an appropriate thing for people to do. It is wise to seek the services of your lawyer on such matters, often frequently, to continue to fine-tune your plans, and hopefully to avoid problems for your heirs when you are gone.]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26856032017-07-21T10:59:05Z2017-07-21T11:16:11Z
This question is one I have heard more often than just about any other in my 40-plus years of law practice. In most situations, the answer is a very definite NO. This kind of question most often has come up in situations where a client owes a large amount of money, a bill collector is demanding a correspondingly large amount of payment, and the client feels that by sending $10 or $20 each month, that should stall the bill collector from being able to file a Court case. Ordinarily, the only time making a regular payment will prevent the other side from having rights to take you to Court will be a situation where you have an agreement to make a regular payment in that amount.

While it is true that a creditor must credit your account with whatever payments it has accepted from you, it is also true that in many situations the creditor is not required to accept a small payment, and the fact that you tender a small payment does very little to mitigate the situation. If you have a question about this sort of thing, it is appropriate to raise it with your lawyer. ]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26855982017-07-21T10:56:21Z2017-07-21T10:58:45Z
Generally, a creditor who does have rights in collateral has a more secure position than a creditor who does not, but the mere fact that a creditor has no collateral does not mean that it cannot pursue a debtor for money loaned or charged. I have had several people ask me questions about this during my practice, and I have been surprised by the level of misunderstanding I have encountered on this subject. If in doubt, debtors should consult counsel concerning their rights and obligations on such things.]]>
tag:hottenroth.firmsitepreview.com,2017:/blog//77708.26855972017-07-21T10:56:18Z2017-07-21T10:58:29Z
This is another question I have heard on numerous occasions. The fact is that the Judge cannot give legal advice to you, cannot represent you, and must follow strict legal guidelines in the handling of the case. The Judge is the person in the middle, and is the authority on things like what evidence will be introduced, what questions will be allowed to be asked, what decisions will be rendered, etc. Not only is it illegal for the Judge to offer legal advice to you, but it would seriously compromise the position of the Court if she or he were even allowed to do that (which she or he is not allowed to do).

My personal opinion is that it always makes sense to talk to a lawyer before making a decision as to whether you should represent yourself in any legal proceedings. More times than not, I think it is a mistake to try to do it on your own.]]>